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S5291 - Details

S5291 - Summary

Establishes a biodiesel fuel tax exemption.

S5291 - Sponsor Memo

BILL NUMBER:S5291
TITLE OF BILL: An act to amend the tax law, in relation to
establishing a biodiesel tax exemption
PURPOSE:
To establish a biodiesel (all blends) tax exemption in New York State.
SUMMARY OF PROVISIONS:
Section one amends paragraph 7 of subdivision (a) of section 301-b of
the tax law to change the current exemption for B20 to include all
biodiesel blends. The amount of the exemption is based on the
percentage of biodiesel per gallon. Section two provides for an
immediate effective date with provisions.
EXISTING LAW:
Chapter 109 of the laws of 2006 provides an exemption for B20 and no
other blend.
JUSTIFICATION:
In 2006, New York state enacted Chapter 109 which provided a partial
B20 biodiesel exemption. B20 is a blend of 20% biodiesel and 80%

diesel. This legislation would expand the exemption to include any
blend of biodiesel. New York should make every effort to foster the
development and support the growth of the renewable fuels industry in
the state.
LEGISLATIVE HISTORY:
S. 1200/A. 6999 - Finance/Ways and Means
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediate with provisions.

S T A T E O F N E W Y O R K
________________________________________________________________________
5291
2013-2014 Regular Sessions
I N S E N A T E
May 15, 2013
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the tax law, in relation to establishing a biodiesel tax
exemption
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 7 of subdivision (a) of section 301-b of the tax
law, as added by section 4 of part W-1 of chapter 109 of the laws of
2006, is amended to read as follows:
(7)(i) [Partial B20] BIODIESEL exemption. [B20] BIODIESEL imported or
caused to be imported into this state or produced, refined, manufactured
or compounded in this state by a petroleum business registered under
article twelve-A of this chapter, as a distributor of diesel motor fuel,
and then sold by such petroleum business.
(ii) Calculation of [partial] exemption. The amount of the [partial]
exemption under this paragraph shall be [determined by multiplying the
quantity of B20 times twenty percent of the applicable taxes otherwise
imposed by this article on such fuel] EQUAL TO THE PERCENT OF BIODIESEL
PER GALLON.
(III) FOR PURPOSES OF THIS PARAGRAPH, "BIODIESEL" SHALL MEAN A FUEL
COMPRISED EXCLUSIVELY OF MONO-ALKYL ESTERS OF LONG CHAIN FATTY ACIDS
DERIVED FROM VEGETABLE OILS OR ANIMAL FATS, DESIGNATED B100, WHICH MEETS
THE SPECIFICATIONS OF AMERICAN SOCIETY OF TESTING AND MATERIALS DESIG-
NATION D 6751.
S 2. This act shall take effect immediately; provided, however, that
the amendments to paragraph 7 of subdivision (a) of section 301-b of the
tax law made by section one of this act shall not affect the repeal of
such paragraph and shall be deemed repealed therewith.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11088-01-3

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